Bill C-11

Online Streaming Act

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(j) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(k) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(l) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(m) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act .
The enactment also makes related and consequential amendments to other Acts.

Online Streaming Act

[The Assistant Deputy Speaker, Carol Hughes]

That is more a point of debate. However, I would ask parliamentarians who participate in debate to be mindful of how they categorize individuals. Generally, for parties, it is a bit different, but we still want to make sure we do not walk that fine line.

The hon. parliamentary secretary to the government House leader.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, to be a bit more sensitive to the member opposite, we have this hard reform element within the Conservative Party. Many of them are Reformers, and that is pretty far to the right. We saw that today. If we listen to and read some of the things the member for Banff—Airdrie put on the record today, it is almost as if the Conservatives get a gold star in the back room if they mention the word “freedom”. If they say the word “freedom”, it is a good thing.

It is interesting that just before question period got—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, Carol Hughes]

There have been a lot of individuals thinking out loud or wanting to participate while the hon. parliamentary secretary has the floor. I want to remind those members that there will be a 10-minute question and comment period, so if they could hold off until then, that would be greatly appreciated.

The hon. parliamentary secretary.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the point is that we are getting a mentality that is overcoming the Conservative element of the party today, something which—

[The Assistant Deputy Speaker, Carol Hughes]

We have a point of order from the hon. member for Prince George—Peace River—Northern Rockies.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

Madam Speaker, my point of order is about using phraseology in this place that is parliamentary. Only a Liberal would find the word “freedom” offensive. It is unreal.

[The Assistant Deputy Speaker, Carol Hughes]

Again, that is a point of debate. I would ask members to make sure their points of order are actual points of order, because this takes away time from the hon. member for Fort McMurray—Cold Lake and other speakers.

The hon. parliamentary secretary has 14 minutes. Then there will be 10 minutes of questions and comments.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I believe I should get a bonus two minutes because of the number of interruptions I have had.

The member made reference to the word “freedom”. At the end of the day, the Liberal Party of Canada does not need any lesson from the Conservatives with regard to individual rights and freedoms. After all, we are the party that brought in the Charter of Rights. We are a party of the charter. We understand what freedoms are all about.

As for the Conservatives, on the other hand, I would again remind them to look at some of the things their colleagues put on the record today with regard to Bill C-11, as if it is some sort of an assault on the freedoms of Canadians. The parliamentary secretary, in introducing it and speaking to it earlier today as the first speaker from the Liberal side, emphasized a couple of points about what the bill is not. It does not regulate the Internet. The bill—

[The Assistant Deputy Speaker, Carol Hughes]

We have another point of order from the member for Fort McMurray—Cold Lake.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, I would like you to check online again, as I believe we continue to have an issue when it comes to quorum, and also confirm whether someone having their camera on but not being visible in the shot actually constitutes quorum. I believe that has already been ruled on.

[The Assistant Deputy Speaker, Carol Hughes]

I thank the member. It is an issue for all parliamentarians. It is something they do on a regular basis. They may turn their camera off for a bit and then turn it back on. When I am looking at the screen here, I just see that they are on. I would have to double-check to make sure if their cameras are on or off.

And the count having been taken:

Right now we have quorum just in the House.

The hon. member for Elmwood—Transcona is rising on a point of order.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I am wondering if the Conservative members are looking beyond their own benches when they call quorum or if they are looking at the House as a whole.

[The Assistant Deputy Speaker, Carol Hughes]

When we call quorum, we look at the House as a whole.

The hon. parliamentary secretary to the government House leader.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I was emphasizing what the parliamentary secretary for heritage indicated at the beginning of his comments, which is that Bill C-11 would not regulate the Internet, nor would it control what Canadians will see. It would not put any limitations on the individual freedoms of Canadians.

On the other hand, shortly after the member made those statements in representing the government, we had one of the freedom fighters within the Conservative Party stand up and talk about the peaceful demonstrations in Ottawa, the heavy arm of the government, other off-topic areas and why people should be concerned about freedom being taken away. I do not know how many times he used the word “freedom”. I could not help but think about the member for Carleton, or the member's statement earlier today when he talked about freedom oil.

The Conservatives are really starting to focus in on that word. I do not know why, because when we talk about Bill C-11, nothing could be further from the truth. They know that, yet they continue to do what they can to prevent this legislation from passing. We saw that at second reading. We saw that at the committee stage. There is no will from the Conservative Party to see this legislation pass, and if not for time allocation and if not for the support of most of the parties in the House, we would not be able to get it passed.

I want members of the Conservative Party to realize what would happen if this bill does not pass. We all have artists, creators and other people in our communities who directly or indirectly work in this industry, which is so critically important. We heard some of the job numbers. We are talking about thousands of people across this country in every region who, in one way or another, either directly or indirectly understand the importance of Canadian content. They understand the importance of levelling the playing field.

How can we say to the mainstream media, for example, whether it is CTV or CBC, that they have to comply with CRTC rules but we should not apply similar rules to streaming services? Only the Conservative Party would argue that the status quo is good enough and we do not need a change, even when it has been clearly demonstrated that our industry in Canada is hurting. The industry itself is asking for the types of changes the Government of Canada is proposing, yet the Conservatives are not listening, I would argue, to what their constituents are saying.

There is a leadership vacuum taking place within the Conservative Party, and there is no doubt about that. Maybe that is one of the reasons they find themselves on the wrong side of Bill C-11. However, I would remind my Conservatives friends that they should reflect on the importance of those jobs and Canadian content.

We have a lot to be very proud of. I remember that many years ago, we had The Beachcombers. It was set in an area of B.C. that I learned about when I was relatively young because of that particular program. However, I do not believe that program would have existed if not for the Government of Canada having programs in place to ensure Canadian content.

We have seen some incredible productions with Canadian content. We have heard reference to Schitt's Creek. It is an interesting program. I did not even hear about it until I heard about the Emmy Awards it won. Then I started talking about it and all of my colleagues seemed to have heard about the program. It can be streamed online from Netflix. It is an excellent program. Another is Corner Gas, a show set on the Prairies. My colleagues from across the way should have an appreciation for the importance of that particular program.

We have seen some amazing talent over the years. Some of my favourites would be individuals like Anne Murray and Celine Dion. There are some incredible talents. If we take a look at the important role that CRTC has played in ensuring and fostering Canadian content, we should all have a better appreciation of the important role that government, whether it is through the CRTC or in other ways, could play to support that critical industry.

I have talked a great deal about a program called Folklorama in the province of Manitoba. For me, Folklorama embodies a great deal of what one would classify as amateur talent that will ultimately travel the world and get onto screens and radio programs. It is a great feeder. When I think of Folklorama, and it is coming up in the month of August, it is a significant production. It is roughly 50 pavilions of all different ethnic groups. It is often said people can travel the world by coming to Winnipeg in the first couple of weeks of August and visiting the different pavilions.

What people would find is some incredible talent, whether it is singing, acting or dancing. As I have pointed out, it is not only about those who are on the stage. There are also the production teams. We have made mention of the creators. We have talked about those who provide the lighting, the sound and the transportation, the bringing to and from. We have talked about the rentals as a direct result and even the sense of just feeling good knowing that a particular production is taking place in the community. These are all direct benefits. This is one of the reasons why the government needs to be involved.

When we think of Bill C-11, it is not just what we might see on Netflix or CBC, or hear on a radio program. It filters its way down. Many of the people I talk about when I think of things such as Folklorama will graduate to become professional actors or actresses and be engaged in our artistic world.

The member for Edmonton Strathcona made reference to the numerous musical and theatrical activities in the city of Edmonton in the province of Alberta. I could talk about the very same things in the province of Manitoba. I suspect we could go from coast to coast to coast, and we would find some amazing organizations, the vast majority of which are non-profit, that are a part of their communities in very real and tangible ways.

Many of those organizations will ultimately be provided opportunities because of regulations and because of organizations like the CRTC, because we recognize just how important it is to have Canadian content. It is about levelling the field. When I talk about the Internet, from yesterday to today, we need to recognize, very clearly, that through the Internet there are large worldwide organizations. The most obvious one that people make reference to is Netflix, but there are others that are out there, whether it is Crave, Pure Flix or other organizations, that are looking and sourcing revenue and opportunities in Canada but are not contributing their fair share.

That is what Bill C-11 is really about. Not only does it continue to recognize the importance of the industry to Canada and how critically important it is that we continue as we have over the last number of years in certain areas, but also how important it is that we level that playing field so that those who are streaming online will also contribute in an equal and more fair fashion.

By doing this, we will be able to reverse the trend. We have heard that the trend has not necessarily been positive. That is in good part because of online streaming. There are things we can do to reverse it, and by doing that we are creating opportunities, in particular, I would emphasize, for young people, for people who want to get into our arts community in a very real and tangible way.

I would hope that members of the Conservative Party would recognize the true value in supporting our young people and supporting the industry as a whole, reverse their position and agree to support and vote in favour of Bill C-11.